Tel Aviv Court Upholds Will Leaving Apartment to Woman’s Partner Based on Cell Phone Location Data

The Tel Aviv District Court recently approved the execution of a will left by a lonely elderly woman, who bequeathed her Tel Aviv apartment to her partner. Judges Einat Ravid, Naftali Shila, and Yehezkel Eliyahu rejected claims that the partner was involved in drafting the will, relying on cell phone location data showing he was not present at the deceased’s home when the will was signed.

This was the woman’s second will. The first, from 2011, divided the apartment equally between the partner and the woman’s cousin. The second will, dated April 2014, left the apartment solely to the partner, along with her car and other possessions. The woman died about two years later at age 81, without a spouse or children.

In February 2023, the Family Court dismissed the cousin’s objection to the will, finding no evidence that the woman lacked capacity or was unduly influenced by the partner. The cousin appealed, alleging the partner controlled the woman’s life and property and was heavily involved in preparing the will. The partner denied being at the apartment during the will’s signing, supported by testimony from the notary, cell phone tracking, and Google Timeline data.

The District Court upheld the Family Court’s ruling, citing expert opinions that the woman was mentally competent and that the partner was not present at the apartment during the will’s signing. The court emphasized the clear cell phone data and the notary’s testimony that the woman was alone and opened the door herself. The appeal was rejected, and the cousin was ordered to pay 50,000 shekels in legal costs to the partner.

The case highlights the use of digital evidence such as cell phone location in probate disputes and confirms judicial trust in expert and notary testimonies regarding testamentary capacity and undue influence.